Chennai: This is the text of Tamil Nadu Chief Minister M. Karunanidhi's letter to the Chief Ministers on the reservation issue on Thursday, October 26, 2006:

Dear Chief Minister,

I enclose a copy of my letter addressed to Tmt. Sonia Gandhi, President of All India Congress Committee. This letter is self-explanatory. On receipt of this letter she has taken immediate action by forwarding the suggestions contained in my letter to the Ministry of Human Resources Development.

I hope that the population of socially and educationally backward classes, Scheduled Castes and Scheduled Tribes in your State should be over 70%. Therefore, your State would have naturally provided reservation in the matters of education and employment for these downtrodden and depressed classes. You are aware that there is a set-back caused to this system of reservation by certain judgements of the Supreme Court. Now, the matter is being taken for consideration by the 9 Judges Constitutional Bench of the Supreme Court. Any law enacted and brought under the 9th Schedule of the Constitution under Article-31(B) is also under attack. It has been listed for hearing on 30th October, 2006.

Extremely urgent matter

Therefore, the matter has become extremely urgent and immediate action may be taken by your State. In this context, my suggestion is that your State may also get impleaded in the case coming up for hearing on 30.10.2006, with a view to protect the reservation already in force in your State for the welfare of the deprived classes.

In its recent judgement in M. Nagaraj and others versus Union of India and others, the Supreme Court has ruled that "It is made clear that even if the State has compelling reasons, as stated above, the State will have to see that its reservation provision does not lead to excessiveness so as to breach the ceiling limit of 50% or obliterate the creamy layer or extend the reservation indefinitely."

Not for economically backward

This judgement of the Supreme Court runs obviously against the spirit of the Constitution of India. In the preamble to the Constitution, it has been asserted to secure to all its citizens Justice, Social, Economic and Political. Also the Constitution contemplates reservation for only socially and educationally backward classes and not for any economically backward classes.

``Under yoke''

The socially and educationally backward classes were under yoke for several centuries and only after Independence and that too after reservation was inserted in the Constitution the doors of Government services and educational institutions were opened up for these classes. In the last 50 years these classes have been gradually rising in social strata. The 3 judgements of the Supreme Court have become a great shock to these classes as the ladder provided to them by way of reservation is pulled down.

``Used in limited sense''

In the same judgement, the Supreme Court has observed that "reservation has to be used in a limited sense otherwise it will perpetuate casteism in the country". Casteism has been prevalent in our country for thousands of years, despite a number of revolts and campaigns to abolish this system. Casteism is an in-built mechanism in the religion itself. Therefore, continuing reservation will not perpetuate casteism, as reservation has been in force only for the last 50 years.

Anti-reservation trend

Therefore, all the States have a compelling reason to oppose this trend against reservation and social justice. I very seriously consider that it is all the more important and necessary for the States to impress upon the Government of India with their views, to get impleaded themselves in the Supreme Court and take steps for referring the present case before the Supreme Court to 13 or more Judges Bench.

I request you to kindly take expeditious steps at this critical and historic hour to protect the interests of the socially and educationally backward classes, Scheduled Castes and Scheduled Tribes and save them from the disastrous consequences.

With kind regards,

Yours sincerely,

(M. Karunanidhi)

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